Legal Ethics

Judge Who Married Woman to Domestic Case Defendant Cites 'Catholic Conscience'

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A Maryland judge who dismissed a domestic abuse case after marrying the defendant to the woman he was accused of beating and kicking now says his “Catholic conscience” urged him to “legitimize their relationship.”

However, it would have been better to have another judge actually perform the marriage, said District Judge G. Darrell Russell Jr. in an interview with the Baltimore Sun.

Russell, 68, also said he wasn’t aware of the seriousness of the facts alleged in the second-degree assault case when he paused the trial of Frederick Wood, 29, to marry him to his accuser, Shelly Pearl Say, 27, since Russell, as a standard practice, does not read the case file prior to trial to avoid bias. Say, the judge adds, denied that Wood abused her during an in-chambers interview before he performed the ceremony.

“This was not a woman in any way in fear for her safety,” he tells the Sun, adding “Incidentally, she has since called to thank me.”

Whether or not he performed the ceremony, the couple was going to marry so that a spousal privilege could be invoked and Say wouldn’t have to testify against Wood, the judge says.

Russell has been assigned to administrative duties while the matter is investigated. Meanwhile, representatives of women’s advocacy groups say the judge still doesn’t seem to get it.

“It’s remarkable that a judge would try to excuse himself and end up demonstrating that he still doesn’t understand domestic violence,” says Lisae Jordan. She serves as general counsel to the Maryland Coalition Against Sexual Assault.

Earlier coverage:

ABAJournal.com: “Judge Who Married Defendant to Alleged Victim, Midtrial, Is Taken Off Bench”

ABAJournal.com: “Judge Who ‘Sentenced’ Alleged Abuser to Married Life Faces Ethics Probe”

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